RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:					DOCKET NUMBER:  01-02249
							INDEX CODE 121.03  121.01
								COUNSEL: No 

								HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

Sixteen (16) days of Special Leave Accrual (SLA) for Fiscal Year 1998 (FY98), ten (10) days of SLA for FY99, and thirteen (13) days of SLA for FY00 be restored.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the official documents provided in the applicant’s submission (Exhibit A) and in the letters prepared by the appropriate offices of the Air Force (Exhibits B and E) and the Defense Finance Accounting Service (DFAS) (Exhibit F.) 
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AIR FORCE EVALUATION:

HQ AFPC/DPSFM indicates that after several administrative adjustments to his regular leave account and SLA account by the DFAS, the applicant ultimately lost only 3, not 26, days of leave on 1 Oct 01 and recommends that these 3 days of leave be added to his current leave account.

A complete copy of the evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant asserts that the 13 days of SLA that was credited to him by DFAS was for FY00, not from previous years as depicted in the advisory.  This DFAS action took place after the time he applied for help to the AFBCMR. After [the Air Force evaluation], DFAS restored 10 additional days of SLA.  The total days of SLA he required on 1 Oct 00 was 39. He applied through Air Force channels but DFAS only credited him with the 13 days for FY00 and did not restore the SLA of 10 days from FY99 or the 16 days from FY98. To fix the problem, he needed the 10 days of SLA restored for FY99 and 16 days of SLA for FY98 as well as retaining the 13 days earned for FY00. After the AFBCMR input to DFAS he now needs 10 days of SLA restored to complete this matter.

The applicant's response is at Exhibit D. 

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ADDITIONAL EVALUATIONS:

HQ AFPC/DPSFM indicates that the applicant initially asserted that at the beginning of the fiscal year he lost 26 SLA days earned in FY98 and FY99; he did not mention he also earned 13 SLA days for FY00. DPSFM supported the applicant's original contention, advising that the DFAS had administratively restored 10 days and recommending the AFBCMR restore 3 remaining days from FY98. However, DPSFM erred when determining the amount of SLA that should have been credited back to the applicant's account.  Not knowing about the SLA earned for FY00, DPSFM had assumed the 13 SLA days restored by DFAS in Feb 01 was the restoration of 13 of the 26 days that had dropped off the applicant's account.  DPSFM believes the applicant is entitled to restoration of 10 days since his leave balance has not accurately reflected the amount of use/lose leave versus SLA when it was first authorized in FY99.  However, due to the complexity of calculating when regular leave is charged and when SLA is charged, the case should be referred to DFAS to determine if any of the applicant's leave since 1 Oct 99 has already been charged to SLA. DFAS should restore whatever is remaining.

A copy of the complete evaluation is at Exhibit E.

DFAS-POCC/DE advised that the applicant's SLA balance as of Oct 01 should be 64.5 days. This still needs to be adjusted for 11-30 Sep 01 to add 2 days, but it does cover all SLA prior to that date. The applicant was approved for 16 days SLA for FY98 and an additional 10 days SLA for FY99. DFAS could find no authorization from AFPC for the applicant's accrual of an additional 13 days of SLA for FY00. His SLA balance of 86 days could not have increased by 13 days due to the maximum allowable balance of 90 days. If authorization would be given for additional SLA, the total allowable could only be 4 days. Adjustments are being made to correct the applicant's leave balance and the correct number of days should be reflected on his Mar 02 Leave and Earnings Statement (LES). Therefore, denial is recommended.

A complete copy of the evaluation, with attachment, is at Exhibit F.

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APPLICANT'S REVIEW OF THE ADDITIONAL EVALUATIONS:

Complete copies of the additional evaluations were forwarded to the applicant on 20 Mar 02 for review and comment within 30 days.  As of this date, this office has received no response. 

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting partial relief.  The applicant has requested a total of 39 days of SLA be restored to his account.  However, according to HQ AFPC and DFAS, the 26 days of SLA the applicant earned in FY 98 and FY99 have been administratively restored.  The applicant’s subsequent request for 13 days of SLA for FY00 remains at issue.  By law, the maximum amount of regular and SLA leave that can be carried over is 90 days. According to DFAS, he had an SLA balance of 86 days on 1 Oct 99.  Therefore, the most additional SLA he could be authorized is 4 days.  In view of the confusion on the part of both the Air Force and DFAS and the resulting administrative errors that occurred in this case, we believe the benefit of the doubt should be given to the applicant and 4 days of SLA should be added to his leave account.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that four (4) days of Special Leave Accrual were added to his current leave account

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The following members of the Board considered this application in Executive Session on 22 May 2002 under the provisions of AFI 36-2603:          Panel Chair
			Member
			Member

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to AFBCMR Docket No. 01-02249 was considered:

   Exhibit A.  DD Form 149, dated 26 Apr 01, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPSFM, dated 24 Oct 01, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 2 Nov 01.
   Exhibit D.  Letter, Applicant, dated 30 Nov 01.
   Exhibit E.  Letter, HQ AFPC/DPSFM, undated.
   Exhibit F.  Letter, DFAS-POCC/DE, dated 12 Mar 02, w/atch.
   Exhibit G.  Letter, SAF/MRBR, dated 20 Mar 02.

                                   

AFBCMR 01-02249

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to , be corrected to show that four (4) days of Special Leave Accrual were added to his current leave account.